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A law blog by Robert Lombardo on The Whole 9

Attorney Robert Lombardo came from the creative world and then began practicing law in 1995. The diversity of his professional life (years of which were spent in Europe, Australia and Japan) gives him a unique perspective on the law. Currently Robert is focusing on entertainment law (which encompasses nearly all creative industries) and brings this firsthand experience and desire to make the law accessible to the The Whole 9 community.

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Co-Conspirators?

January 18, 2010
2 Comments (see all)

18 year old “Slick” Willie and his girlfriend, 14 year old Monica L., are feeling a bit frisky while hanging out with their friends at the local bowling alley after school.  Monica tells Willie that her parents won’t be home until late that night and they could “hang out” at her house.  They both agree to go to Monica’s house to have “sexual relations” – which they did in Monica’s father’s home office.

Unfortunately, Monica blabs to her girlfriend, Linda T., about having sex with Willie and the rest, as they say, is history.

Willie is charged with and convicted of both statutory rape and conspiracy to commit statutory rape.

(The age of consent in their state is 15.)

Willie appeals and argues that his conspiracy conviction should be reversed because Monica could not be a conspirator to the statutory rape charge.

You are the judge.

Is Willie correct?  Or should the conviction stand because Willie agreed with Monica to commit the crime?

 

Any Resemblance to Actual Events or Persons Living or Dead is Purely Coincidental.

Answer below in comments later today.

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  1. awaken2sun

    If I was the judge, I would throw this out as I believe statutory rape is bullshit unless the girl is unwilling (and then I guess it just becomes rape). How many of us would have been caught in a situation like this if the times were different when we were growing up. Seriously, don’t we have more important crimes to prosecute and better things for our justice system to do than ruin teenagers’ lives before they’ve even started?

  2. biko

    Statuary rape statutes are designed to protect children below the age of consent.

    So when Willie and Monica entered into the agreement to perform an act that was illegal for only Willie, Monica cannot be guilty of the substantive offense or of the conspiracy.

    In this case, Monica, as a member of the protected class, cannot be convicted of either statutory rape or a conspiracy to commit it. Once it is determined that Monica cannot be a co-conspirator, the conspiracy charge against Willie must be dropped.

    Please know that it is not necessary to indict or convict a co-conspirator, but it is necessary for the jury to determine that Willie conspired with someone who is culpable. Usually this problem presents itself when the co-conspirator is an undercover cop or an informant.

    Lisa’s point is well taken, however, the fact remains that everyday someone is convicted of this offense and her/his name is placed in the national sex registry.

    For a comparison of statutory rape statutes by state, please see:
    http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-R-0376.htm

    For a guy who arguably deserves the conviction and registration, please see:
    http://www.philly.com/philly/news/local/81649792.html

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